1. Why was notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included in the Settlement?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Class?
9. How do I submit a claim?
10. Are there any important Settlement payment deadlines?
11. When will Settlement benefits be issued?
12. Do I have a lawyer in this case?
13. Do I need to hire my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I object to the Settlement?
17. What is the difference between objecting and opting out?
18. When is the Final Approval Hearing?
19. Do I have to attend the Final Approval Hearing?
20. What happens if I do nothing?
21. How do I get more information?
The North Carolina Superior Court for Iredell County authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Butler v. Case Foods, Inc., Case No. 25CVS003530-480. It is pending in the North Carolina Superior Court for Iredell County. The person who filed this lawsuit is called the “Plaintiff” (or “Class Representative”) and the company he sued, Case Foods, Inc., is called the “Defendant.”
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This lawsuit alleges that during the October 2024 targeted cyberattack on Case Foods’ computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names; Social Security numbers; financial account information; and driver’s license numbers.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out from the Settlement. In this Settlement, the Class Representative is Perry Butler. Everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiff or the Defendant are right. Both sides have agreed to a settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiff and his attorneys think the Settlement is best for all Class Members.
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The Court has defined the Class this way: “all individuals who were notified that their Private Information was potentially compromised in [the] October 2024 Data Breach.”
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Yes. The following are excluded from the Class: (i) Defendant and Defendant’s parents, subsidiaries, affiliates, officers and directors, and any entity in which Defendant has a controlling interest; (ii) all individuals who make a timely election to be excluded from this proceeding using the correct protocol for opting out; (iii) any and all federal, state, or local governments, including but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups, counsels and/or subdivisions; (iv) the attorneys representing the Parties in the Action; (v) all judges assigned to hear any aspect of the Action, as well as their immediate family members; and (vi) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Data Breach, or who pleads nolo contendere to any such charge.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
Case Foods Data Breach Settlement
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799-9958
Email: info@CFISettlement.com
Call toll-free, 24/7: (866) 675-2749
You may also view the Settlement Agreement here.
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The Settlement provides for Defendant to pay for the Settlement Class Member Benefits outlined below, the Costs of Notice and Claims Administration, Attorneys’ Fees, Costs, and Expenses awarded by the Court, and a Service Award to the Representative Plaintiff awarded by the Court.
Cash Payment Options
Alternative Cash Payment. All Class Members may file a claim for a $45.00 Alternative Cash Payment in lieu of Expense Reimbursement for Documented Losses.
You do not have to provide any proof or explanation to claim this cash payment. However, you do need to file a Claim Form in order to receive this $45.00 cash payment.
Documented Losses. All Settlement Class Members who submit a Valid Claim using the Claim Form are eligible to receive reimbursement for the following documented out-of-pocket losses caused by the Data Breach, if not already reimbursed through any other source and, not to exceed $2,000.00 per Settlement Class Member:
unreimbursed costs to obtain credit reports;
unreimbursed fees relating to a credit freeze;
unreimbursed card replacement fees;
unreimbursed late fees;
unreimbursed over-limit fees;
unreimbursed interest and fees on payday loans taken as a result of the Data Breach;
unreimbursed bank or credit card fees;
unreimbursed postage, mileage, and other incidental expenses resulting from the Data Breach; and
unreimbursed costs associated with up to one year of credit monitoring or identity theft insurance purchased after October 1, 2024, and prior to the Effective Date, with certification that it was purchased primarily as a result of the Data Breach.
Settlement Class Members with expense reimbursement for Documented Losses claims must submit documentation supporting their claims. This can include receipts or other documentation not “self-prepared” by the claimant that document the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Credit Monitoring Services
Settlement Class Members who submit a Valid Claim Form can elect to enroll in two (2) years of one bureau credit monitoring services.
These services will be made available to all Settlement Class Members who choose to enroll regardless of whether they claim Expense Reimbursement for Documented Losses or the Alternative Cash Payment.
A unique redemption code, allowing Settlement Class Members to enroll in these services will be sent to each Settlement Class Member who submits a valid claim for such services after the Court approves the Settlement as final and after any appeals are resolved.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
Case Foods Data Breach Settlement
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799-9958
Email: info@CFISettlement.com
Call toll-free, 24/7: (866) 675-2749
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If you stay in the class, you won’t be able to be part of any other lawsuit against Case Foods about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section 6) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
Case Foods Data Breach Settlement
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799-9958
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll-free, (866) 675-2749, by email info@CFISettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online here, you must do so by January 17, 2027. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than January 17, 2027.
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The Court will hold a Final Approval Hearing on January 11, 2027 (see Question 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed the law firm of Milberg PLLC, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense .
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Class Counsel will ask the Court to approve $125,000.00 as reasonable attorney's fees and costs of litigation. This amount will be paid by Case Foods.
Class Counsel will also ask for a Service Award payment of $2,500.00 for the Class Representative. The Service Award payment will also be paid by Case Foods.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion, and is sometimes also called “opting out.” If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue Case Foods on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
The deadline to exclude yourself from the Settlement is December 18, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: Butler v. Case Foods, Inc., Case No. 25CVS003530-480;
your full name, mailing address, telephone number, and email address;
personal signature; and
the words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
Case Foods Data Breach Settlement
ATTN: Exclusion Request
P.O. Box 26170
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked or emailed by December 18, 2026.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself from the Settlement (see Question 15).
You must provide the following information for the Court to consider your objection:
your full name, address, telephone number, and email address (if any);
the case name and case number — Butler v. Case Foods, Inc., Case No. 25CVS003530-480;
information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of original notice of the Data Breach or a statement explaining why you believe you are a Settlement Class Member);
a written statement of all grounds for the objection, accompanied by any legal support for the objection you believe to be applicable;
the identity of all counsel representing you in connection with the objection;
a statement whether you and/or your counsel will personally appear at the Final Fairness Hearing;
Your signature or the signature of your duly authorized attorney or other duly authorized representative.
For your objection to be valid, it must meet each of these requirements.
To be timely, written notice of an objection in the appropriate form must be mailed, with a postmark date no later than December 18, 2026, to Class Counsel and to Defendant’s counsel as set forth below.
Class Counsel | Counsel for Defendant |
Mark K. Svensson | O’Hagan Meyer, PLLC |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval on January 11, 2027, at 10:00 a.m. Eastern Time, in Room 3 of the North Carolina Superior Court for Iredell County, 226 Stockton St., Statesville, NC 28677. At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in Question 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page. If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
Case Foods Data Breach Settlement
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799-9958
Email: info@CFISettlement.com
Call toll-free, 24/7: (866) 675-2749
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, North Carolina Superior Court for Iredell County, 226 Stockton St., Statesville, NC 28677.
Do not contact the Court or Clerk of Court regarding this Settlement.
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